Res H-16-02 RESOLUTION NO. H-16-02
A JOINT RESOLUTION OF THE CITY COUNCIL AND
POWAY HOUSING AUTHORITY APPROVING THE FIRST
AMENDMENT TO THE REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS FOR THE
VILLA DE VIDA POWAY HOUSING DEVELOPMENT
WHEREAS, the Poway Housing Authority (the "Housing Authority") was formed
to provide decent, safe and sanitary housing in the City of Poway, and is designated as
the housing successor to the dissolved Poway Redevelopment Agency (the "Dissolved
RDA") pursuant to California Health and Safety Code Section 34176;
WHEREAS, the Dissolved Agency acquired that certain property located at
12341 Oak Knoll Road in the City of Poway, California (the "Property"), located in the
Project Area, with funds from the Dissolved Agency's Low and Moderate Income
Housing Fund established pursuant to California Health and Safety Code Section
33334.2;
WHEREAS, On October 4, 2016, City Council and Housing Authority approved a
Disposition, Development and Loan Agreement (DDLA) for the Villa de Vida
development pursuant to Health and Safety Code Section 33433;
WHEREAS, Section 2.13 of the DDLA requires that a resident selection plan be
approved within 60 days of the effective date of the DDLA;
WHEREAS, approval of a resident selection plan requires an amendment to the
Regulatory Agreement and Declaration of Restrictive Covenants ("Regulatory
Agreement");
WHEREAS, the resident selection plan establishes a preference in the initial
rental of approximately eighty percent (80%) of the units within the development to
residents or persons employed or that have been offered employment in Poway and/or
San Diego County and;
WHEREAS, the first amendment to the Regulatory Agreement is within the scope.
of the prior environmental determination that was made in conjunction with the approval
of the DDLA.
NOW, THEREFORE, BE IT RESOVLED by the City Council, acting on behalf of
the City and acting in its capacity as the governing board of the Housing Authority, as
follows:
Section 1. No further environmental review is necessary as this first amendment
is within the scope of the original project and therefore is adequately addressed by the
environmental determination made with that project.
Resolution No. H-16-02
Page 2
Section 2. This first amendment to the Regulatory Agreement was considered by
the City Council and the Housing Authority at a public meeting held on December 6,
2016.
Section 3. That nothing in this Resolution shall affect the City's policy discretion
in granting or denying the planning approvals related to the Property.
Section 4. That the City Council and the Housing Authority hereby approve the
first amendment to the Regulatory Agreement.
Section 5. That this Resolution shall take immediate effect upon its adoption.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, and the Poway Housing Authority, at a regular meeting this 6th day of
December 2016.
Skye Vaus, Chairman
Poway Housing Authority
ATTEST:
(
�e �ecretary
Poway Housing Authority
Resolution No. H-16-02
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, Secretary, Poway Housing Authority, do hereby certify under
penalty of perjury that the foregoing Resolution No. H-16-02 was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of December 2016, and that it
was so adopted by the following vote:
AYES: LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES:
ABSENT:
DISQUALIFIED:
Na cy e f d, CMC, City Clerk